Become a Govt. Certified GST Practitioner in just 60 hrs. Register Now!

Tds

AAYUSH SARAWGI (PROPREITOR) (36 Points)

11 August 2011

if payment is made to a transporter whose aggregate payment exceeds rs. 75000/- and he submits his PAN and as such no TDS is deducted. Now the question is whether the payer has to file TDS return ? (assuming no other TDS liability)

Reply
Follow
Share

6 Replies

CA. Nishant Khatana (Partner) (100 Points)
Replied 11 August 2011

No , If you have not deducted any TDS then filing of TDS return is not mandatory.

Upgrade to CAclubindia Pro. Subscribe Now!

Aakanksha (CA Final Student) (56 Points)
Replied 12 August 2011

Yes, i also agree with Nishant Ji.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 13 August 2011

Even zero TDS, but when you have Transporters PAN details to communicate to department, its always preferred to file NIL TDS with the transporters details, this will keep yourself updated with all provisions.

in case of non filing, and if the PAN data of transporter is not available to yourself or it mismatch with any reason, the whole 20% liability will get imposed to yourself, so better to step ahead and file the return.

AAYUSH SARAWGI (PROPREITOR) (36 Points)
Replied 15 August 2011

yes, sharmaji thats what i want to know.

the provision says we have to intimate the department, and i thnk the procedure to intimate is TDS return, if there is any other procedure do let me know.

for above i would like to say that for non deduction of TDS the liability on us woulb be 100% and not 20% if i am not mistaken

Deepak Tapse (Accounts Manager - Taxation) (1771 Points)
Replied 16 August 2011

You have to file e-TDS return mentioning PAN of transporter and mention "T" (In case of Transporter) Code in Reason for non - deduction or lower deduction column